In Nevada, there is a two-year statute of limitations on car accident claims. You will lose the right to compensation if you miss this deadline.
Nevada Statute of Limitations for Car Accidents
According to Nevada Revised Statutes (SS 11.190), the two-year time period begins the day the accident happened. It is in your best interest to start the claims process as soon as possible after an accident. After a certain amount of time, the evidence may begin to fade and witnesses’ memories can become hazy.
If the accident is caused by a government agency then the deadline of two years still applies. However, there are additional stipulations in Chapter 42 of the Nevada Annotated Code. You must submit a written claim to the Nevada State Board of Examiners in order to begin the process. The Attorney General’s Office will approve or reject it. You will be compensated by the state if your claim is accepted. If your claim is denied, then you can file a lawsuit.
For property damage resulting from a car crash, the statute of limitations is different. You have three years in Nevada to seek this type of compensation.
When should I start the claim process?
Most insurance policies have a deadline for filing a claim after an accident. It is best to begin the claim process as soon as possible after an accident, but this does not mean that you have to resolve your case quickly. You should wait to settle your case until either you have recovered fully from your injuries, or reached “maximum improvement medically” (MMI). You will then be able to understand your full injuries, losses and future effects. Then, you and your lawyer can accurately determine the value of your case.
Statute of Limitations in Wrongful death Claims
In the event of a fatal car accident, the surviving family members may be entitled to compensation. The statute of limitations in these cases is still two-years, starting from the date the victim died, which may be after the accident.
What Happens if I File a Claim after the Statute of Limitations has Passed?
There are usually no ways around the statutes of limitations. There is usually only one exception for minors. The two-year limitation period does not start until a minor turns 18 years old. Parents of minors typically file a suit on behalf of their child after an accident.
If you wait to file your claim after the deadline, the at-fault party will file a motion to dismiss. Their motion will state that the statute has expired and the case is almost always dismissed.
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